Skip to content

South Dakota Notice of Appeal

South Dakota has no intermediate court of appeals, so every civil appeal of right goes straight from the circuit court clerk to the state Supreme Court.

Find out where you stand in South Dakota

Where are you in the appeal?

DocDraft provides document preparation, not legal advice.

Introduction

In South Dakota, a notice of appeal from a final civil judgment must be filed within 30 days after the judgment or order is signed, attested, and filed, and written notice of its entry has been given to the adverse party; both conditions must be met before the clock starts (SDCL 15-26A-6). A timely motion for a new trial or to amend the judgment under SDCL 15-6-59, or a motion for judgment notwithstanding the verdict under SDCL 15-6-50(b), stops the 30-day period from running as to every party; the full 30 days begins again once the order deciding that motion is signed, attested, filed, and notice of its entry is given, or, if the circuit court never rules, once the time to rule on the motion runs out. SDCL 15-26A-92 lets the Supreme Court enlarge most of its own procedural deadlines for good cause, but it expressly forbids enlarging the time to file or serve a notice of appeal, so once the 30 days runs, the appeal is generally forfeited. The notice is filed with the clerk of the circuit court that entered the judgment, not the Supreme Court; South Dakota has no intermediate court of appeals, so every civil appeal of right goes directly to the Supreme Court of South Dakota, which reviews the trial record for legal error rather than holding a new trial. The notice must be filed together with a completed Docketing Statement on the Supreme Court's prescribed form, and with proof that both documents were served on every other party before filing; the circuit clerk will not accept the notice without them (SDCL 15-26A-4). The Appendix of Forms to SDCL chapter 15-26A supplies Form 1, the Notice of Appeal, and Form 5, the Docketing Statement, and the court's own forms control their content. Perfecting the appeal costs $150 total, $50 paid to the circuit clerk and $100 paid to the Supreme Court clerk, according to the Unified Judicial System's current schedule of court costs; confirm the current fee with the clerk. A party who cannot pay may file an affidavit of indigency instead (SDCL 15-26A-5). Filing the notice does not by itself stop the judgment creditor from collecting: except as provided in SDCL 15-6-62, enforcement is not stayed unless the appellant executes a supersedeas bond in the amount and form approved by the circuit court or otherwise complies with SDCL 15-26A-25, and for a money judgment the total bond required of all appellants is capped at $25,000,000 regardless of the judgment's size, absent proof the appellant is dissipating assets to avoid payment (SDCL 15-26A-25; 15-26A-26). South Dakota small claims judgments cannot be appealed by either party at all; the only options are a defendant's petition, filed five days before the date the defendant is notified to appear or answer, to remove the case to the regular civil docket, or a post-judgment motion to vacate for cause (SDCL 15-39-57). This page covers a civil appeal from a circuit court judgment. Criminal, administrative-agency, federal-court, and discretionary interlocutory appeals under SDCL 15-26A-3(6) follow different procedures and are not covered here. Attorney review is available before you file.

Key Things to Know

  1. 1

    The notice of appeal is due 30 days after the judgment or order is signed, attested, and filed, AND written notice of its entry has been given to the adverse party; both conditions must be met (SDCL 15-26A-6). A timely motion for a new trial or to amend the judgment under SDCL 15-6-59, or a motion for judgment notwithstanding the verdict under SDCL 15-6-50(b), stops the 30 days from running for every party, and the full 30 days runs again once the order on that motion is signed, attested, filed, and notice of its entry is given, or once the time to rule on the motion expires.

  2. 2

    The deadline generally cannot be extended. SDCL 15-26A-92 lets the Supreme Court enlarge most of its own procedural deadlines for good cause, but it expressly states the Supreme Court may not enlarge the time for filing or serving a notice of appeal.

  3. 3

    File the notice with the clerk of the circuit court that entered the judgment, not the Supreme Court. South Dakota has no intermediate court of appeals, so every civil appeal of right goes directly to the Supreme Court of South Dakota (SDCL 15-26A-4(4)-(5)). A discretionary interlocutory appeal of certain pretrial orders is allowed only when the Supreme Court finds the ends of justice are served by early review (SDCL 15-26A-3(6)).

  4. 4

    The notice must be filed together with a completed Docketing Statement on the Supreme Court's prescribed form (Form 5); the circuit clerk will not accept the notice of appeal without it. Proof that both documents were served on every other party must accompany the filing, and that service must happen before the notice is filed (SDCL 15-26A-4(1)-(4)).

  5. 5

    South Dakota's Appendix of Forms to SDCL chapter 15-26A supplies Form 1, the Notice of Appeal, and Form 5, the Docketing Statement, adopted by Supreme Court Rule 79-1, Rule 17, and the court's own forms control their content and required attachments.

  6. 6

    Perfecting the appeal costs $150 total: $50 to the circuit clerk and $100 to the Supreme Court clerk, per the Unified Judicial System's current schedule of court costs; confirm the current fee with the clerk. A party who cannot pay may file an affidavit of indigency instead (SDCL 15-26A-5). Filing the notice does not by itself stop collection of the judgment; except as provided in SDCL 15-6-62, a stay requires a supersedeas bond approved by the circuit court or other compliance with SDCL 15-26A-25, and for a money judgment the total bond of all appellants is capped at $25,000,000, absent proof the appellant is dissipating assets to avoid payment (SDCL 15-26A-25; 15-26A-26).

  7. 7

    Two traps outside the notice itself: the appellant must order the trial transcript within 10 days after filing the notice of appeal or lose the right to one (SDCL 15-26A-48; 15-26A-49), and a South Dakota small claims judgment cannot be appealed by either party at all; the only options are a defendant's petition, filed five days before the date the defendant is notified to appear or answer, to remove the case to the regular civil docket or a post-judgment motion to vacate for cause (SDCL 15-39-57).

Key decisions before you file

Before you file a Notice of Appeal in South Dakota, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.

Open the Notice of Appeal guide

Customize your Notice of Appeal Template with DocDraft

South Dakota Requirements for Notice of Appeal

  • 30 Days, and Notice of Entry Must Be Given

    The notice of appeal is due 30 days after the judgment or order is signed, attested, and filed, AND written notice of its entry has been given to the adverse party; both conditions must be met before the clock starts (SDCL 15-26A-6).

  • New-Trial and JNOV Motions Toll the Clock

    A timely motion for a new trial or to amend the judgment under SDCL 15-6-59, or a motion for judgment notwithstanding the verdict under SDCL 15-6-50(b), stops the 30-day period from running as to every party; the full 30 days runs again once the order on that motion is signed, attested, filed, and notice of its entry is given, or once the time to rule on the motion expires.

  • Deadline Cannot Be Enlarged

    SDCL 15-26A-92 lets the Supreme Court enlarge most of its own procedural deadlines for good cause, but expressly states the Supreme Court may not enlarge the time for filing or serving a notice of appeal.

  • Filed With the Circuit Clerk, No Intermediate Court

    The notice of appeal is filed with the clerk of the circuit court that entered the judgment, not the Supreme Court. South Dakota has no intermediate court of appeals, so every civil appeal of right goes directly to the Supreme Court of South Dakota (SDCL 15-26A-4(4)-(5)).

  • Docketing Statement Required With the Notice

    The notice of appeal must be filed together with a completed Docketing Statement on the Supreme Court's prescribed form; the circuit clerk will not accept the notice without it (SDCL 15-26A-4(2), (4)).

  • Proof of Service Required Before Filing

    The appellant must serve the notice of appeal and Docketing Statement on every other party before filing, and proof of that service must accompany the filing (SDCL 15-26A-4(1)-(4)).

  • Official Forms 1 and 5 Control the Content

    The Appendix of Forms to SDCL chapter 15-26A supplies Form 1, the Notice of Appeal, and Form 5, the Docketing Statement, adopted by Supreme Court Rule 79-1, Rule 17, and the court's own forms control their content.

  • Filing Fees and No Automatic Stay

    Perfecting the appeal costs $150 total, $50 to the circuit clerk and $100 to the Supreme Court clerk, per the Unified Judicial System's current schedule of court costs; confirm the current fee with the clerk. Except as provided in SDCL 15-6-62, filing does not stay enforcement unless the appellant executes a supersedeas bond approved by the circuit court or otherwise complies with SDCL 15-26A-25; for a money judgment the bond is capped at $25,000,000, absent proof the appellant is dissipating assets to avoid payment (SDCL 15-26A-26).

  • Small Claims Judgments Cannot Be Appealed

    SDCL 15-39-57 bars either party from appealing a small claims judgment; the only options are a defendant's petition, filed five days before the date the defendant is notified to appear or answer, to remove the case to the regular civil docket or a post-judgment motion to vacate for cause (SDCL 15-39-75).

Frequently Asked Questions